Archive | July 2009

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An End to Credit Checks for Applicants?

On July 9, 2009, Representative Steve Cohen (D-TN) introduced a bill entitled “The Equal Employment for All Act” (H.R. 3149) that would prevent employers from using consumer credit checks for the purpose of making adverse employment decisions.  Florida Representatives Meek and Hastings also sponsor this legislation.  Under the Equal Employment for All Act, the Fair […]

Mistakes and Boasting Preclude Harassment Retaliation Summary Judgment

Sexual harassment complaints against supervisors are serious and the threshold for establishing retaliation often seems not very high.  Thus, it is imperative that employers respond appropriately and consider the consequences of future discipline against a complaining employee – especially discipline from the supervisor alleged to have sexually harassed.   For example, on July 10, 2009, […]

EFCA is Alive and Kickin’ with Mandatory Arbitration and Enhanced Employer Penalties

Because the “card check” provision of the proposed EFCA Senate bill has been dropped, several commentators considered EFCA all but dead.  However, with the “card check” provision eliminated, it is likely that the filibuster-proof majority of 60 Democrats in the Senate will get EFCA pushed through quickly.  What that means for employers of all sizes […]

EEOC Settles Failure to Accommodate Nursing Assistant’s Religious Observance Case

On June 20, 2009, the EEOC announced a $24,000 settlement of a case it brought against an Arkansas nursing home for its failure to continue to accommodate a nursing assistant’s observance of the Sabbath.  The announcement indicates that the nursing assistant, who had worked at a long-term nursing care facility for over a year, is a Seventh-Day Adventist, […]

Obama Picks Berrien to Chair EEOC

According to this White House press release, Jacqueline A. Berrien has been chosen by President Obama as the new head of the Equal Employment Opportunity Commission.  Ms. Berrien, a Harvard grad, was an attorney with the NAACP Legal Defense and Education Fund.  Ms. Berrien also has worked for the ACLU.

EEOC Concern for Age Bias or Public Bashing of USSC?

Age related discrimination claims were up 29% last year.  And the EEOC decided it should do something about it.  On July 7th, I posted a note about the EEOC calling a public meeting to discuss age discrimination publicly with a panel of experts.  As I suspected, it appears the public meeting in reality constituted a […]

Employee Wins MySpace Invasion of Privacy Claim

On June 23, 2009, in Yath v. Fairview Clinics, a Minnesota state appellate court reversed a trial court’s ruling that the woman failed to show sufficient evidence of invasion of privacy in her suit against a health clinic, a former employee who was terminated for violating a company policy by accessing the patient’s records, and […]